( People ex rel. Perry v. Gillette, 200 N.Y. 275. See People ex rel. Kohut v. Hendrickson, 249 App. Div. 528; affd., 276 N.Y. 563.) The relator could have also proceeded by demurrer.
The certificate of removal may be issued only upon the application of the defendant. On facts identical in principle with those in this case, where an unauthorized removal was thus effected, habeas corpus issued and the defendant was discharged ( People ex rel. Kohut v. Hendrickson, 249 App. Div. 528; affd., 276 N.Y. 563). In the case at bar no resort was had to any statutory method of removal, but the Attorney-General simply "determined" on the removal.